Uphill both ways?

I get why they do it, but in my day, my school was a polling place and we still had school.

Yeah. It's really weird that a primarily corporate firm would want to hire an elite SCOTUS attorney.

Jeff and Morgan heading to Gibson is big. Jeff is a great lawyer, Morgan is even better (and Jeff would tell you so), and both are good colleagues and people. A good get for Gibson.

Inflation.

Sure, CA5 finding the statute unconstitutional was enough all by itself to grant certioari, but CA6 was kind to go and put it over the top.

My guess: There is incredible pressure on people to turn documents faster than ever before. Bankruptcy (from what I understand) is a particularly pressure crunch practice. Everyone is told to double check, but if your senior associate is breathing down your neck, it's too easy an out.

The shadow docket isn't a set of clear rules. It's a set of values and intuitions, and in some cases the weight you place on one (how wrong you think the merits are) is going to outweigh the weight you place on others (the balance of harms). And that is going to lead to different outcomes.

Oh. Oh dear.

The Secretary of State and National Security Advisor wears so many hats that he is going to have to be an Acting Atlantic Hurricane this year.

Mine was a joke about law firm IT related to a test of all of us working at home in the run up to COVID shut downs. Reporters took it as a sign that we were going fully remote. (As we eventually did, but I didn't know it at the time. It was just a joke about law firm IT.)

I've only had our PR team call me once with angst about something I've tweeted, and I am considering that a big win.

Also, even if we got to discovery, it's going to be a nightmare between the Touhy regulations limiting FBI-directed discovery and fights over confidential sources. It's not going to be the fun people think it is!

Everyone saying "oh, it'll be great, we'll get to go to discovery!" when the actual answer is "we'll get a 12(b)(6) dismissal for inadequately pleading actual malice."

You're seeing it in the leak discourse, but it also comes up other times where the Right complains about sharp criticism of the Court. That it's going to inspire the next Kavanaugh shooter.

Again, I'm not saying you need to find it persuasive. But it's a major difference in worldview.

Things Lisa Blatt can say at #SCOTUS oral argument that you and me, mere mortals, cannot.

I'm not sure I can say who is right because it requires a counter-factual no one can know, but I do think it explains why a lot of the commentary talks past each other. /Fin

The Right tends to think Kavanaugh just happened to get lucky there were Marshals that intercepted the shooter and that he was in mortal peril.

And the reaction to leaks and other sharp commentary about the Court potentially inciting violence tends to be downstream of that. /2

One major difference in commentary about the Court between the Left and Right is how much danger you think Justice Kavanugh was in after the Dobbs leak.

The Left tends to think the shooter was a kook, but like those White House fence jumpers who never get anywhere near the President. /1

It doesn't come more-absolute than this.

So I won't weigh in on the legal ethics of it, but I can say this: New York has the strongest press shield law in the Nation, and there is zero chance that disciplinary authorities, even if they were so inclined, would be able to discover Liptak's and Cantor's sources.

None.

Well, whether your Celsius consumtion is problematic is a matter of . . . degree.

Trust me. My strong objection was registered.

UPDATE TO THE UPDATE:

New headshot is live on the profile.

I am impressed at the second grant: An IFP Federal Public Defender petition where the petitioner did not even file a reply brief that was relisted five times.

(Reposting this since the Court excluded the whether-to-overturn-Smith QP from the first grant.)

On that one, it looks like Kannon joined at the merits stage. But still wild.

Wild change at SCOTUS. Elizabeth Prelogar is arguing for Petitioner in this case on Monday. Normal, right?

But Petitioner was represented at the petition and merits stage—all the way through the reply brief—by Kannon Shanmugam.

So why change firms and advocates for just argument?

MyPillow guy won in CA8. Court didn't even call for a response.

No way the Court is going to touch this one. They deadlisted a fantastic arbitration case with a clear split and perfect vehicle because it happened to involve the MyPillow guy.